THE judge in the Brendan O'Donnell murder trial said yesterday that there appeared to have been "a most serious breach" after it was alleged that a journalist had interfered with documents relating to the trial.
Mr Justice Lavan said: "If a barrister was found guilty of such alleged conduct, he would be disbarred. I cannot tolerate a confidential document being interfered with." He said that he would deal with the matter when the relevant papers were ready.
The judge's comments came after an allegation was made by Mr Patrick MacEntee SC, defending. He alleged that a journalist had made notes from a document in a confidential defence file. Mr Kevin Haugh SC, prosecuting, is seeking instructions from the DPP in relation to the allegation.
Mr Haugh told Mr Justice Lavan that the DPP was awaiting the outcome of an investigation into the matter before making a decision.
The jury in the trial of Mr O'Donnell, who has denied 12 charges, including three counts of murder, has been sent away until next week while discussion of legal issues continues.
Before the legal discussion got under way yesterday Mr Felix McEnroy BL told Mr Justice Lavan that he wished to raise a matter. He said that he was appearing for the Star newspaper and a journalist, Mr Senan Moloney.
They had put matters into an affidavit which was available to the court and counsel. Mr McEnroy said that Mr MacEntee had indicated to him that he required certain undertakings' from Mr Moloney in respect of, various matters. These undertakings would be unreservedly provided, counsel said.
Mr MacEntee said that he would not come to any arrangement with Mr McEnroy which the court did not know about.
Mr Justice Lavan said he would deal with the matter when the State had received instructions. There appeared to have been "a most serious breach".
The judge said that it seemed untoward that a murder trial should have to be interrupted to deal with a matter such as this.
Later yesterday, before the court resumed after lunch, Mr McEnroy said that he wished, on behalf of his clients, to extend their "unreserved and unqualified" apologies in relation to the matter.
Mr MacEntee said he would not be making any application for an injunction at this point, but the defence wished to reserve its position.